Computer Misuse Act

Description

Flashcards on Computer Misuse Act, created by fra14141942 on 03/02/2015.
fra14141942
Flashcards by fra14141942, updated more than 1 year ago
fra14141942
Created by fra14141942 about 9 years ago
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Resource summary

Question Answer
Computer Misuse Act -Used mainly against hacking -Prior to 1990 no legislation in place to tackle hacking -Computer misuse act passed n 1990 Recognised the following offences 1. Unauthorised access to computer material 2. Unauthorised access with intent to commit or facilitate a crime 3. Unauthorised modification of computer material 4. Making, supplying or obtaining anything which can be used in comouter misuse offences
Offence 1 -Unauthorised access to computer material -Lowest level of offence - One most people have done -This is when you guess or use someone's password to log into their area -Even if nothing is done to the files it is still breaking the act
Offence 2 -Unauthorised access with intent to to commit or facilitate a crime -This is when someone deliberately enters someone else's system with the purpose of doing something illegal -May of guessed or stole password -Could use trail and error or special programs to log into the system -Also could use phising to get the information -Could want information or to take money.
Offence 3 Unauthorised modification of computer material -If there is no intent then it is not breaking the act -This is when someone modifies or deletes data with the intent to cause damage to a person or company -Also purposely introducing a virus onto someone system breaks the act -Also if you knowingly transmit a virus to someone it breaks this act.
Offence 3a/4 Making, supplying or obtaining material that could be used in computer misuse offences Making: -This is writing or creating computer viruses, worms, trojans, malware, malicious scripts etc. Supplying: This is distributing of any of this material whether you have created it or not. Obtaining: If you obtain these materials then you know could be dangerous to systems then it is breaking the act
Penalties Offence 1: Up to six months in prison and/or a hefty fine Offence 2: Up to a five year prison sentence and /or a hefty fine Offence 3: Up to a five year prison sentence and /or a hefty fine Offence 3a: Up to a five year prison sentence and /or an unlimited fine
Problems -Very few cases have actually been prosecuted under this legislation -Even when it does the sentences tend to be lenient -Once the person is caught then it is too late because the damage is already done -It is hard to prove if someone is doing this by intent, most of the time the person says that they did not know it was illegal or that they didnt know what they was doing. -It is also hard to prove that it was actually that person that was on the account, a lot of people say that someone else must of logged onto there account.
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